By: Jackson S.B. No. 709
A BILL TO BE ENTITLED
AN ACT
relating to the ability of certain counties to use lease-purchase
or licensing agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.053, Local Government Code, is
amended to read as follows:
Sec. 263.053. SALE AND SUBSEQUENT LEASE OR LICENSE OF
PROPERTY IN COUNTIES WITH POPULATION OF MORE THAN 250,000
[500,000]. (a) This section applies only to counties with a
population of more than 250,000 [500,000].
(b) The commissioners court of the county may enter into any
for-profit or other licensing agreement with a seller of wireless
communications service that may include a license to collocate
wireless communications technology on property owned by the county.
(c) The commissioners court of the county may sell land,
buildings, facilities, or equipment for the purpose of making
contracts for the lease or rental of land, buildings, facilities,
or equipment or for receiving services from others for county
purposes. The commissioners court may pay regular monthly bills
for utilities, such as electricity, gas, and water, for the
property leased or rented or for the services received.
(d) [(c)] If a majority of the commissioners court
determines that the facilities and equipment are essential for the
proper administration of county government, the commissioners
court may pay for the facilities and equipment and for the regular
monthly bills from the general fund of the county. The
commissioners court must make the payment by warrant in the manner
that payments for other obligations of the county are made.
(e) [(d)] A construction project initiated for a purpose
authorized by this section may be awarded only by a contract that
provides for the payment of the prevailing wage for all mechanics,
laborers, and others employed in the construction project. The
commissioners court of Tarrant County shall set the prevailing
wage, which must be the same prevailing wage set by the
commissioners court of that county for all construction projects
involving the expenditure of county funds.
(f) [(e)] On or before the expiration of a contract made
under this section, the facilities may be purchased by the county
and paid for from its general fund if a majority of the
commissioners court agrees that the purchase price is reasonable.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.